Terms of Sales
TERMS OF SALES
These general conditions of sale apply without restriction or reservation to all sales concluded by the seller with non-professional or professional buyers (hereinafter "the Customer"), wishing to acquire the products or services offered for sale on the site www.tiffanycouture.fr (hereinafter “the Site”).
Lexicon :
We will then designate:
“Site”: the site www.tiffanycouture.fr and all of its pages
“Products” or “Services”: all the products (materials) and services (services) that can be purchased or subscribed to on the Site
“Seller”: Tiffany Hervé, natural person, offering its Products or Services on the Site
"Customer": the Internet user, the consumer, the individual, making a purchase of Product(s) or Service(s) on the Site
Information:
Site Owner: Ms. Tiffany HERVE
Business name: Tiffany Couture (Tax regime: Microenterprise)
Legal form: Sole Proprietorship
The head office : 63 La Gobiniere, 4430 Vallet, France
Email address: contact@tiffanycouture.fr
SIRET number: 848 560 058 00010
(Registered in the directory of trades of Loire-Atlantique)
VAT not applicable – Article 293B of the General Tax Code
Article 1 - GENERAL INFORMATION
These general conditions of sale (hereinafter “GTC”) are accessible at any time on the Site www.tiffanycouture.fr and will prevail over any other document.
The Customer visiting the Site and interested in the Products and Services offered by the Seller is invited to read these T&Cs carefully, to print them and/or save them on a durable medium, before placing an order on the Site.
The Customer declares to have read these T&Cs and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure on the Site.
Article 2 – PRODUCTS AND SERVICES
These conditions govern the sales concluded between the Seller and the Customer, on all the Products and Services offered on the Site.
The Products offered for sale on the Site are as follows: baby/child slippers/shoes, decorative items and textiles with the possibility of customizing the Products, etc.
The main characteristics of the Products and in particular the warnings for the use of the Products, the maintenance, the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Site and have been established by the Seller according to the descriptions provided. by the supplier, which the Customer is required to take cognizance of before ordering.
The Products offered for sale on the Site can be purchased within the limits of available stocks, and are for the most part "On Order", that is to say, the Products will only be made after purchase and payment by the Customer.
The photographs of the Products in the catalog reflect a faithful image of the Products offered but do not constitute a contractual commitment insofar as they cannot ensure perfect similarity with the physical Products. The Products can sometimes be staged, and thus, other Products can appear there but these are not part of the Product sold.
Article 3 – ACCESSIBILITY
The Site is accessible to users 24 hours a day, 7 days a week, except for interruption, scheduled or not, for taking leave, maintenance needs or in the event of force majeure. The Seller cannot be held responsible for any damage, whatever its nature, resulting from its unavailability.
Article 4 – MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE
The Seller reserves the right to modify these T&Cs in any case.
Article 5 – CUSTOMER SERVICE
The customer service of this Site is available Monday to Friday, from 9 a.m. to 6 p.m., and is accessible via the “Contact” tab of the Site or by e-mail at the following address: contact@tiffanycouture.fr
Article 6 – TERMS OF SUBSCRIPTION OF ORDERS AND DESCRIPTION OF THE PURCHASING PROCESS
Any order placed on the Site constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The choice and purchase of a Product are the sole responsibility of the Customer.
We will define below as "Basket" the immaterial object grouping together all the Products or Services selected by the Customer of the Site for a purchase by having clicked on these elements.
In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his Basket, the content of which may be modified at any time.
As soon as the Customer considers that he has selected and added to his Basket all the Products he wishes to purchase, he will have the possibility, to validate his order, to access his Basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.
If he wishes to validate his order, the Customer must tick the box relating to the ratification of these GCS and click on the validation button. The Customer will then be redirected to a page in which he will have to fill in the order form fields. In the latter, he will have to fill in a certain number of personal data concerning him, necessary for the smooth running of the order. All orders placed on the Site must be duly completed and must specify this necessary information, otherwise the Seller shall not be held liable in the event of omission in the order form (surname and first name, postal address, e-mail address and phone).
As soon as the Customer has completed the form, he will then be invited to make his payment by the means listed in article 7 of these GCS relating to the sale price and payment conditions. After a few moments, the Customer will be sent an order confirmation e-mail, reminding him of the content of the order and the price thereof, the delivery and billing details.
A shipping confirmation with order tracking number is sent to the Customer by e-mail as soon as the order is shipped.
When purchasing a Product called "On Order", the Customer agrees to pay for the Product that would be launched for manufacture.
6.1 Transfer of ownership
The Products sold remain the property of the Seller until full payment of their price, regardless of the date of delivery of the said Products, in accordance with this retention of title clause.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
Article 7 – SALE PRICE AND PAYMENT CONDITIONS
The Products are supplied at the current prices appearing on the Site, when the order is recorded by the Seller.
All prices are calculated without VAT, according to article 293B of the General Tax Code, VAT is not applicable for micro-enterprises, whose tax regime corresponds to that chosen by the Seller.
All prices are expressed in Euros (€), and do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Site and calculated prior to the award of the contract. the command.
These prices are firm and non-revisable at the time of the order. However, after the date of issue of the order, the Seller reserves the right to modify the prices at any time.
The sale price is payable in cash by the Customer, in full on the day the order is placed.
The means of payment offered by the Site are secure and are as follows:
Online payment by credit card, Visa, Mastercard via Shopify Payment
Find out more: https://www.shopify.com/en/payments
Online payment by credit card, Visa, Mastercard via PayPal
Find out more: https://www.paypal.com/fr
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment providers involved in banking transactions carried out on the Site.
Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due. In case of refusal of payment, the Customer is informed by e-mail of the cancellation of his order.
An invoice is established by the Seller and delivered to the Customer by e-mail, and by post upon delivery of the Products ordered.
All contracts concluded on the Site are archived for a period of 10 years. For any complaint of the said contracts established between the Customer and the Seller, send an e-mail to contact@tiffanycouture.fr or a postal mail to the following address: Tiffany Couture, 63 La Gobinière, 4430 Vallet
Article 8 – CONDITIONS AND DELIVERY TIMES
The Products presented on the Site are offered for sale for the following territories:
Metropolitan France
DOM TOM
Belgium
Luxemburg
Europe
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
Delivery costs vary according to the total weight of the order, the means of delivery chosen and the Country concerned.
In the event of an order to a country other than Metropolitan France, the Customer is the importer of the Product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable, they will be charged to and are the sole responsibility of the Customer.
The Customer has the option of choosing his delivery method between La Poste Colissimo and Mondial Relay. Any delay or absence of delivery following these two delivery methods does not in any way engage the responsibility of the Seller.
In case of loss or theft during the delivery of the order, the Seller is not held responsible.
For Metropolitan France, deliveries take place within 3 to 8 working days from the finalization of the manufacture of the order.
For the other countries mentioned above, deliveries take place within 10 to 15 working days from the finalization of production of the order.
The Seller undertakes to make every effort to deliver the Products ordered by the Customer within the time limits specified above. However, these deadlines are given for information only.
The Customer is required to check the condition of the package delivered. In case of deterioration or lack of Product, the Customer must inform the Seller by e-mail to the following address: contact@tiffanycouture.fr specifying the complaints and accompanied by all related supporting documents (photos in particular) and thereafter , sent a registered letter with AR within five days of delivery of the order, specifying the complaints on the order form, to the following address: Tiffany Couture, 63 La Gobinière, 4430 Vallet
After this period and failing to comply with these formalities, no claim can be validly accepted by the Seller.
Article 9 – RIGHT OF WITHDRAWAL
In accordance with article L.221-18 of the Consumer Code, and if the right of withdrawal is applicable, "The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance [ …]” from the date of receipt of his order or the conclusion of the contract for the provision of Services.
He will be required to return any Product that does not suit him and request an exchange or refund without penalty, with the exception of return costs, within fourteen working days of receipt by the Seller of the refund request.
It is understood that the Customer will bear the cost of returning the Product in the event of withdrawal.
The Product must be returned in perfect condition, damaged, soiled or incomplete Products will not be taken back.
Returns must be made in their original condition and complete (pouch, brand labels, etc.) allowing them to be marketed in new condition, accompanied by the purchase invoice, and must be returned to the following address: Tiffany Couture, 63 La Gobinière, 4430 Vallet
If the previous obligations are not carried out, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.
It is recommended that the Customer make the return using a solution allowing the tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services to ask them to locate the latter.
In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.
The refund will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless the Customer agrees to the Seller using another means of payment, and insofar as the reimbursement does not incur any costs. to the customer. It will be effective as soon as possible or at the latest thirty days from the date on which the Customer exercises his right of withdrawal.
The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such a demonstration has not previously taken place. .
Any Product made to measure for the Customer, or having a personal modification (personalization of the Product) does not obtain the right of withdrawal, and therefore it is not possible to return this Product.
Article 10 – PRODUCT WARRANTY
All items acquired on this Site benefit from the legal guarantees provided for by the Civil Code:
Legal guarantee of conformity (for Products that are defective, spoiled or damaged or that do not correspond to the order)
Article L.217-4 of the Consumer Code
“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
The guarantee of conformity may be exercised if a defect were to exist on the day of taking possession of the Product. However, when the defect appeared within 24 months following this date, it is presumed to fulfill this condition.
In accordance with article L.217-7 of the Consumer Code: "The defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. . […] The seller can challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »
Article L.217-9 of the Consumer Code
“In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good.
However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. »
Legal guarantee against hidden defects (resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use)
Article L.217-4 of the Consumer Code
“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L.217-5 of the Consumer Code
“The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
Article L.217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Article 1641 of the Civil Code
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them. »
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Article L.217-16 of the Consumer Code
"When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.
This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee against hidden defects if the defects presented did not appear during the purchase, were prior to the purchase (and therefore did not result from normal wear and tear of the Product, for example), and are sufficiently serious (the defect must render the Product unfit for the use for which it is intended, reduce this use to such an extent that the buyer would not have purchased the Product or would not have bought it at such a price if he had known about the defect).
10.1 Liability of the Seller and the Customer
Complaints, requests for exchange or refund for a non-compliant Product must be made by post to the address: Tiffany Couture, 63 La Gobinière, 4430 Vallet or by e-mail: contact@tiffanycouture.fr
The Seller will refund or replace as soon as possible and at its expense (in particular the return postage of the Product), the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, within the conditions provided for in articles L.217-4 and following of the Consumer Code and those provided for in these GCS. If it is impossible to exchange the Product (obsolete Product, out of stock, production stoppage, etc.) the Customer will be automatically reimbursed by transfer of the amount of his order.
The responsibility of the Seller cannot be engaged in the following cases:
Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify
In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the case of normal wear and tear of the Product, or more or less serious accident on the Customer and others, or force majeure (the Customer is responsible for the proper use of the Products purchased on the Site, moreover, the warnings are stipulated in the Product descriptions of the Site)
The photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
Article 11 – DISPUTES
11.1 Mutual agreement procedure
For any complaints, please contact customer service at the postal address or by e-mail indicated in ARTICLE 5 – CUSTOMER SERVICE.
11.2 Legal proceedings
Failing to reach an amicable agreement, the Customer may initiate legal proceedings, by contacting the competent commercial court.
11.3 Applicable law - Language
These T&Cs and the resulting operations are governed by and subject to French law.
These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
11.4. Consumer mediator approved by the CECMC
The Customer is informed that he may in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In this case, the appointed mediator is:
Medicys, 73 Boulevard de Clichy, 75009 Paris
Telephone number: 01.49.70.15.93
Email address: contact@medicys.fr
The Client is also informed that he can also use the Online Dispute Resolution (RLL) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home .show
All disputes to which the purchase and sale transactions concluded in application of these GCS and which have not been the subject of an amicable settlement between the Seller or by mediation, will be submitted to the competent courts under the conditions of law. commmon.
Article 12 – INTELLECTUAL PROPERTY RIGHTS
All the elements present on the Site are the property of the Seller and its partners, or are used by the Seller with the authorization of their owners, and are protected by French and international laws relating to intellectual property and rights. of authors.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and is akin to counterfeiting.
The trademarks and logos contained in the Site are likely to be registered by the Seller, or possibly by one of its partners. Any person carrying out their representations, reproductions, interweavings, diffusions and reruns incurs the penalties provided for by the Intellectual Property Code.
Article 13 – PERSONAL DATA AND USE OF COOKIES
The Customer is informed that the collection of his personal data is necessary for the smooth running of the Product order on the Site, as well as for their transmission to third parties for the purpose of delivery of the Products. These personal data are collected only for the execution of the sales contract.
13.1 Collection of personal data
The personal data collected on the Site are as follows:
Ordering Products (when ordering a Product by the Customer)
Surnames, first names, postal address, e-mail address and telephone number
Payment
As part of the payment for the Products offered on the Site, the following partners (Stripe and PayPal) record financial data relating to the Customer's bank account or credit card
Newsletter
The Seller offers to keep the Customer informed of news and promotional offers on the Site. The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He can withdraw his consent at any time by sending his request by e-mail to contact.tiffanycouture@gmail.com or by following the unsubscribe link.
Personal space (member account)
Surnames, first names, postal address, email address, telephone number and registration of a means of payment for the purchase of Product(s) on our Site.
13.2 Recipients of personal data
Personal data is used by the Seller and its partners for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products.
The partners are:
Transport providers (La Poste or Mondial Relay)
Payment institution providers (Shopify Payment and PayPal)
13.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.
13.4 Prior declaration relating to personal information
In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, all users have a right of access, rectification, deletion and opposition to personal data concerning them. . To exercise it, send your request to contact@tiffanycouture.fr or by making your written and signed request, accompanied by a copy of the identity document with signature of the holder of the document, specifying the address to which the answer must be sent to the following address: Tiffany Couture, 63 La Gobinière, 4430 Vallet
13.5 Limitation of processing
Unless the Customer expresses his agreement, his personal data is not used for advertising or marketing purposes.
13.6 Duration of data retention
The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.
13.7 Security and Privacy
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
13.8 Implementation of Client rights
Pursuant to the regulations applicable to personal data, Customers of the Site have the following rights:
They can exercise their right of access to know the personal data concerning them
They can request the deletion of their personal data, in accordance with applicable data protection laws
If the personal data held by the Seller is inaccurate, they may request that the information concerning them be updated.
Finally, they can object to the processing of their data by the Seller
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by e-mail to: contact@tiffanycouture.fr or by post to: Tiffany Couture, 63 La Gobinière, 4430 Vallet
The Seller is required to provide an answer within a maximum period of one month. In the event of refusal to grant the Customer's request, the latter must be motivated.
13.9 Use of cookies
“A cookie is a small file, which does not allow the user to be identified, but which records information relating to the navigation of a computer on a site. The data thus obtained are intended to facilitate subsequent navigation on the site, are sometimes necessary for the proper functioning of the site, and are also intended to allow various measures of attendance.
The user is free to accept or refuse cookies from the Site by modifying the parameters of his internet browser.